No. 23-7794

Michael T. Washington v. Brian Emig, Warden, et al.

Lower Court: Third Circuit
Docketed: 2024-06-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: brady-violation due-process ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence perjury procedural-default prosecutorial-misconduct substantial-assistance
Key Terms:
DueProcess FourthAmendment HabeasCorpus
Latest Conference: 2024-09-30
Question Presented (from Petition)

1. Is State Attorney undisclosed substantial assistance motion "Newly Discover Evidence " resulting in a Brady violation? And violation of Petitioner 5th and 14th Amendment rights.

2. Did State Attorney in it's main witness commit perjury or Fraud on the Court? By having a undisclosed Plea Tacit Agreement that resulted in a violation of Brady?

3. Did Trial and 3rd Circuit Court of Appeals erred by procedurally bar this Brady violation claim for review?

4. Was Trial Counsel and 1st Postconviction Counsel Ineffective Assistance of Counsel for "Withdrawing " from representing Mr. Washington? In raising this favorable suppress evidence on Mr. Washington direct appeal in 1st Postconviction? Furthermore was Court appointed Trial Counsel in 1st Postconviction Counsel ineffective assistance of counsel for neglecting to check State Witnesses "Criminal Docket " in raise a claim showing a Brady? Thus showing constitutional violation of Mr. Washington 6th Amendment right. And do to direct appeal and 1st Postconviction Counsel withdrawing motions do Mr. Washington over-come the procedural default.

Question Presented (AI Summary)

Is state-attorney-undisclosed-substantial-assistance-motion-newly-discovered-evidence-resulting-in-brady-violation

Docket Entries

2024-10-07
Petition DENIED.
2024-07-25
DISTRIBUTED for Conference of 9/30/2024.
2024-07-12
Waiver of right of respondent Brian Emig, et al. to respond filed.
2024-06-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 26, 2024)

Attorneys

Brian Emig, et al.
Andrew R. FletcherOffice of the Delaware Attorney General, Respondent
Michael Washington
Michael T. Washington — Petitioner